Texas 18 Wheeler Accident Attorney

Truck Accident Victims - Who's Liable for Your Injuries?

Truck accidents always leave a trail of utter devastation behind them, as these multi-ton machines moving at up to 80 mph creates a force that's almost unmatched by any vehicle that moves on the ground. 18 wheeler accidents are becoming more prevalent by the day, as the need for the delivery of goods at a faster pace than ever before is pushing the industry in general towards its internal limits.

However, one question that often arises is who would be liable if a truck driver is at fault for an accident that causes injuries and other damages. If you have been harmed by a negligent truck driver, contact a Texas 18 wheeler accident attorney at Williams Kherkher today to schedule a free initial consultation, and below you'll see a brief analysis of who could be a defendant if you decide to pursue a legal course of action.

The Driver

Whenever a truck accident occurs, your attorney will always begin his or her analysis with the truck driver and his or her potential negligence that led to the accident. Generally, the individual driver will at least be named in a lawsuit, as he or she was the one to have allegedly caused the injuries that resulted.

However, what could be important in this analysis is whether the driver was an employee of a major trucking company, was driving his or her private truck individually or even whether he or she was driving for a major hauling company, but was doing so as an independent contractor. Each of these variances could make a difference as to who would ultimately be liable for your injuries.

The Company/Carrier

The other aspect to consider in this situation is when a truck driver is working as an employee of a major carrier. However, that alone may not be enough to bring the company into the situation. The truck driver may need to have been driving the truck in furtherance of his or her employment. Specifically, if the truck driver was merely driving on his own, not carrying a load and not going to or from the docking facility, it's possible that the company may attempt to remove itself from the situation and basically leave the driver hung out to dry.

What this all comes down to besides liability is insurance. If a driver is operating his or her own line or is operating as an independent contractor, then he or she will have a separate insurance policy that would cover liability issues up to a certain dollar amount. If the driver was serving as an employee, then the carrier's insurance policy would most likely be a relevant party to any action as well.